The majority of women who are imprisoned in Malawi are behind bars not just for violent offences but for actions often taken in self-defence amid sustained gender-based violence (GBV).
This is contained in findings of research— conducted by the Centre for Human Rights Education Advice and Assistance (Chreaa), the University of Southern California, International Human Rights Clinic (IHRC) and the Trial Watch Initiative— which further indicates that Malawi’s justice system criminalises women survivors of intimate partner violence.
It adds that many of these women are, instead of being protected, prosecuted, convicted and imprisoned under murder, manslaughter and causing grievous bodily harm charges.
Obbah Ahmed, who works at the Trial Watch initiative at Clooney Foundation for Justice, said the report, based on interviews and case reviews of 63 women incarcerated across nine of Malawi’s prisons, offers one of the most detailed accounts to date of how gender dynamics intersect with criminal justice outcomes.
“While a significant proportion were in prison for murder and manslaughter, 43 percent of these cases were directly from incidents of GBV—where women defended themselves against violent partners,” Ahmed said.
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According to the report, not a single one of these women appealed her sentence, despite harsh penalties averaging 12.5 years of imprisonment.
“Only 25 percent of convicted women had legal counsel at the trial or plea stage, and just 33 percent were informed of their right to legal counsel upon arrest.
“Despite all 63 qualifying for legal aid, only 9 women (14 percent) received help from a public defender,” the report reads.
Ten of the women interviewed reported physical abuse by police officers while in custody.
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Chreaa Executive Director Victor Mhango said the research criticises Malawi’s legal framework for failing to criminalise custodial violence, which violates both regional and international obligations.
Meanwhile, Women Judges Association Chairperson Jean Kayira has said the Judiciary has a vital role to play, in terms of ensuring that women who are survivors of GBV are able to be addressed, especially in terms of the punishments that they are given.
